For all of us fighting MBNA

[Dinkjames]

MBNA have just lost a substantial case in the county court and the debt was declared unenforceable as they couldn't produce a CCA.

 

BBC NEWS | Business | Court lets woman off £8,000 loan

 

Makes a great read and gives one the energy to carry on fighting.

[RHOOD]

That will teach them

[stampervator]

Hello everyone. we are new members of this forum but we have been reading closely all the postings that are regarding MBNA. At 2pm today we are defending a claim from MBNA whose piece of evidence is a very poor copy (illegible) of an application form in 2001 for a Bank of Scotland credit card which makes no reference to the Consumer Credit Act 1974. If anyone can give us any last minute advice we would welcome it in the next hour!!!!

We will post the outcome tonight.

Thanking you in anticipation.

[stampervator]

Just this minute we have had a call form the county court informing us that this case and another MBNA case which we are party too have been stayed by the judge and ordered to be struck out within the next 21 days unless MBNA can come up with further paperwork. The court also mentioned CPR rules? Can anyone tell us what that means?

[djc1]

Hi stampervator, have a look at this thread by pt2537 http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Iam new so dont know too much about CPR at the moment but was thinking of sending CPR off soon hope this helps

[pompeyfaith]

the judge probably means they have not followed civil proceedure rules CPR if that is the case its good news 4 u he is giving them another slap oh my they must be pretty bruised right now

[stampervator]

We have received in the post today a letter from the county court stating that MBNA have not complied with CPR part 16 D paragraph 7.3. The judges states that the copy of the agreement to which MBNA were to rely on is totally illegible and they have 7 days to file an amendment to their original application. This we pressume they cannot do, as they would have do it already.

[AA99]

We have received in the post today a letter from the county court stating that MBNA have not complied with CPR part 16 D paragraph 7.3. The judges states that the copy of the agreement to which MBNA were to rely on is totally illegible and they have 7 days to file an amendment to their original application. This we pressume they cannot do, as they would have do it already.

 

Subbing with great interest but surely to have come this far you will already have requested a CCA for £1 and a SAR for £10. Will be nice if they come up with the same thing or something completely different:eek:

 

pf:p are you able to post up a link to that D paragraph 7.3 for us pleeeese:p

[pompeyfaith]

it is a well known fact mbna only keep copies on microfiche so will not have a clearer copy i had this in my case and were asked the same so they produced the same PF

[pompeyfaith]

I think this is it AA99

 

Reply to defence 16.7

(1) A claimant who does not file a reply to the defence shall not be taken to admit the matters raised in the defence.

(2) A claimant who –

(a) files a reply to a defence; but

(b) fails to deal with a matter raised in the defence, shall be taken to require that matter to be proved.

[supasnooper]

I think what pompeyfaith is referring to is CPR Practice Direction 16.7.3. not CPR 16.7.3 as we oft post up -

 

Where a claim is based upon a written agreement:

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

 

(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

[pompeyfaith]

Supersnooper,

 

Thank you I stand corrected.

 

PF

[AA99]

Thanks for clarifying:)

 

but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents

 

One would have thought, therefore, that a signed contract stating all the prescribed terms, within 4 corners of the same document, would be a much better thing to provide in the first place:eek:

[Harrassed09]

subbing

[stampervator]

Hi

Just to update you all on our fight against MBNA. We received letters from the court stating that both cases against us have been struck out as MBNA failed to comply with the order. Our next possible move is to try and calim back all the large amounts of interest that MBNA have charged over the years. I hope anyone can give us any advice on the best course action.

[AA99]

Good news:D

[stampervator]

More news on MBNA. they have now re-applied to the court again, with new evidence, this time in the form of someone elses application form but with the details crossed out. Looking closely at it we are able to read this other persons name, address and bank details. Surely this is breaking the data protection act!!!!!! If anyone has any advice or opinion please let us know.

[exchange]

I would send a copy explaining the circumstances to the other person. I think they might want to complain!

[AA99]

Quite unbelievable! I'd sue them for fraud, and make sure you report them to ALL the authorities:eek:

[Hugh Jeffort]

They just cant seem to do anything correctly can they? Its unbelievable that such large companies still use tactics like this and dont just get it right from the beginning!!

[willtheywontthey]

subbing

[Fullyskinted]

Nice. Good work!

 

Ive just had a letter from the courts saying my defence has been struck out and I need to respond with a defence complying with CPR Sec 16 and 22? WTF are they?

 

My CCA req goes all the way back to Jan 2006 and then it took them over 5 mths to respond with a shoddy A4 copy which isnt fully legible, no T&Cs or the rear of the 'agreement' so Im looking for some help too.

 

Reading this has inspired me